HomeMy WebLinkAboutPM 2003-37 - Agreement/Covenant - 3/10/2005 (2) c
WHEN RECORDED MAIL TO:
2
IM City Clerk
1L, City of Fresno
Z 2600 Fresno Street 2005005195
O Fresno, CA 93721-3603 03(0812005,
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Q NO FEE-Government Code 6103
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CL CITY OF FRESNO
Planning and Development Department
STATEMENT OF COVENANTS FOR RECIPROCAL
EASEMENTS FOR
SHARED FIRE SUPPRESSION WATER SUPPLY SYSTEM
FOR PARCEL MAP NO. 2003-37
Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2003-37
Page 2
WHEREAS, PREMIER COMMERCIAL INVESTMENTS, LLC, a California Limited Liability
Company, hereinafter referred to as the"Covenantor," is the owner of that certain real property in the
City of Fresno, County of Fresno, State of California, hereinafter referred to as the"Subject Property"
and more particularly described as
Parcels A through C, inclusive, of Parcel Map No. 2003-37 according to
the map thereof recorded in Book (ny of Parcel Maps at
Page(s) �5 tL4 -F- Ss , Fresno County Records; and
WHEREAS, the Fresno Municipal Code (FMC), by its incorporation of the 1998 California
Plumbing Code ("CPC") and the provisions of Section 14-106 provides generally that each lot or
building on the subject property shall be served by its own plumbing system, except as the code
otherwise provides for; and,
WHEREAS, CPC Section 301.2 provides for the use of alternate materials and methods of
construction,including alternate construction arrangements,provided the alternate arrangement is first
approved,the City first finds that the design is satisfactory and that the arrangement offered is, for the
purpose intended, at least the equivalent of that prescribed in the codes in performance, safety, and
the protection of life and health; and,
WHEREAS, the Covenantor has asked the City to approve a single fire suppression water
supply service connection from the adjacent public water main to serve the fire suppression systems
of two or more lots within the Subject Property simultaneously from private fire suppression water lines;
and,
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2003-37
Page 3
WHEREAS, the City Fire Chief and the City Building Official recognize that the purpose of the
codes and City Fire Department, Fire Prevention Bureau standards is to provide adequate pressure
and capacity for fire suppression systems and maintain control for inspection,safety and maintenance;
and,
WHEREAS, the City can approve of the Covenantor's request as an alternate arrangement of
construction, but finds the proposal will involve private fire suppression water lines running across
property boundaries and that it is therefore necessary to set up a covenant under which no owner or
lessee of any of the lots to be served by the private fire suppression water lines may interfere with the
complete and safe operation of the fire suppression systems; and,
WHEREAS, the City and Covenantors hereby declare their intent for this Statement of
Covenants to create a series of reciprocal cross-access easements for the private fire suppression
water lines for fire suppression system purposes.
NOW, THEREFORE, as required by the Municipal Code, and the City of Fresno, and in
consideration of the foregoing, and the issuance by said City of the necessary special and/or building
permits, certificates of occupancy and other approvals in connection with the development, build-out
and use of the Subject Property, Covenantors hereby grant, promise, and agree, as follows:
1. Covenantors, and each of them, hereby grant to, and accept from, each other owners
of the legal lots subdivided by Parcel Map No. 2003-37, reciprocal easements for
private fire suppression water lines over, under, through and across each of the lots
pursuant to an Easement for Private Sewer and Water Facilities Recorded on
Abloch 1 _100.4TE per Document No. Dr1.S-bO /��? No
owner shall interfere, or allow the interference with, the installation, development and
use of the common fire suppression water
Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2003-37
Page 4
supply service connection or the private fire suppression water lines as herein
described. The reciprocal easements shall include all rights of access to enter upon the
affected lots for inspection and maintenance of the fire suppression water lines.
2. Covenantors, and each of them, agree to maintain the shared portion of the common
fire suppression water supply service connection and the private fire suppression water
lines according to Fresno Fire Department, Fire Prevention Bureau standards and to
pay the monthly "fire protection service fee."
3. The reciprocal easements created herein shall run with the land and bind and inure to
the benefit of Covenantors' respective heirs, successors and assigns.
4. Owners shall be responsible for the cost of repair and maintenance of the service lines,
regardless of who undertakes the repair and maintenance and regardless of which lots
such repair and maintenance affects.
5. The failure to abide by the terms of this covenant may result in the revocation of the
Certificate of Occupancy for the use of any portion of the affected lots, in addition to
other penalties and remedies available to City.
6. Covenantors shall defend and indemnify the City against, and hold the City harmless
from, all claims arising from the development and use of the fire suppression system
anticipated by this Statement of Covenants.
Statement of Covenants/ Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2003-37
Page 5
7. Whenever the context hereof requires, the neuter shall include the masculine or
feminine,or both, and the singular shall include the plural. It is the intention hereof that
this shall constitute a covenant running with the land owned by the Covenantors,jointly
and severally binding upon the undersigned and each of their heirs, representatives,
successors and assigns.
8. At such time as any lot or-portion(s) of the lot is sold, or title transferred and the
transferee's rights may ripen into a fee, the transferor shall reserve or effectuate the
creation of the easements envisioned in this Statement.
9. This Covenant shall be released in part, or in its entirety, and of no further effect upon
recordation of a written determination by the Director of the Planning and Development
Department and the Fire Chief of the City of Fresno that its continued existence and
enforcement are no longer necessary.
Statement of Covenants/Reciprocal Easements for Shared Fire Suppression System
Parcel Map No. 2003-37
Page 6
DATED: /2-30-04
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
PREMIER COMMERCIAL INVESTMENTS,
LLC, a California Limited Liability Company
By:
Nic . Yovino, Director
PI Hing and Development Department
By: By:
Randy R. Bruegman, ire Chief David Kroeker, President
Fire Department
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By (Attach Notary Acknowledgments for
Deputy Covenantor)
City of Fresno Mailing Address:
Development Department
Planning Division
2600 Fresno Street
Fresno, CA 93721-3604
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of t" V0 '
On enzQJ"f before me,01 M� 1 N1Gl PC-
ate 1r Name and Trtle of Officer(e.g.,"Jane Doe,Notary Pubie)
personally appeared T_CWi;cA
Name(s)of Signer(s)
❑personally known to me
171 proved to me on the basis of satisfactory
evidence
to be the person(g) whose name(r>) is/sre—
subscribed to the within instrument and
acknowledged to me that he/sbeltbey executed
14D CAROL MIRANDA the same in hisA;ier/#m4r authorized
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My Comm.ExpiretAug 1,2004 acted, executed the instrument.
WIT S my h nd official seal.
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OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402-www.nationainotery.org Prod.No.5907 Reorder:Cell Td1-Free 1.900-87&9827
PM 2003-37
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 6, 2004 , in the office of the Fresno County Recorder,
Document No. 2004-0172001 of which the Deed of Trust in by and between:
Premier Commercial Investments. LLC, a California Limited Liability Company as Trustor,
United Security Bank, a California Financial Institution , as Trustee,
and United Security Bank , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants for Reciprocal Easements for Shared Fire Suppression for Water Supply
System for Parcel Map No. 2003-37.
DATED: \1—
BENEFICIARY
United Security Bank
Katherine Karst
Vice President
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
y,� ss.
County of
On 00y(IN__1A before me, Pujq)'�'
Date 1.s" '` Name and Tale of Officer(e.g.,"Jane Doe,Notary ic.)
personally appeared , "1[A.1 Yl� Lrk�' 4<CL rs-i—
Name(s)of Signer(s)
,I personally known to me
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evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
CAROLacknowledged to me that he/she/they executed
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Commlagon#1504938 the same in his/her/their authorized
Nom,Pubac-cowomia capacity(ies), and that by his/her/their
Fnmm County signature(s) on the instrument the person(s), or
My Comm.EOM Aug 1. the entity upon behalf of which the person(s)
acted, executed the instrument.
WI ESS my haad and official seal.
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nat a of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment or this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: WIWI IN
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner —❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Nadonal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nabonalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-800-876-6827
PM 2003-37
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on March 14. 2003 , in the office of the Fresno County Recorder,
Document No. 2003-0059153 of which the Deed of Trust in by and between:
Premier Homes, a California General Partnership as Trustor,
First American Title Insurance Company, a California Corporation , as Trustee,
and California Baptist Foundation, a California Non Profit Corporation , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants for Reciprocal Easements for Shared Fire Suppression for Water Supply
System for Parcel Map No. 2003-37.
DATED: ( � - o q
BENEFICIARY
California Baptist Foundation,
a California Non Profit Corporation
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(Attach Notary Acknowledgement)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of d AA.I F0"I A
Countty/of F2Es N4
On NP_ V15W 6 FP_ before me, "SuSAd r(o uI2 ! P'b
Date PW
Name and Title Officer(e.g.,"Jane Doe,Notary Public")
personally appeared PWIA W. Kr=« Amo DAV1110 Y �/4�I<
Name(s)of Signer(s)
personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)-ie/are subscribed to the within instrument
and acknowledged to me that heishe/they executed the
same in bier/their authorized capacity(ies),and that by
#i6l�/their signature(s) on the instrument the person(s),
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Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ��6oQ0in�A mon/
Document Date: A16;V457m 41 .2-004 Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator - ❑ Guardian or Conservator
ElOther: Top of thumb here EJOther: Top of thumb here
Signer Is Representing: Signer Is Representing:
01995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod,No.5907 Reorder:Call Tall-Free 1-800-876-6827
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 31,2004,before me,Erika Leyva,Deputy City Clerk,personally appeared Nick P.
Yovino,Director Planning and Development Department,known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s)on the instrument(s)the person(s), or the entity
upon behalf of the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KLISCH
CITY CLERK
By
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